Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of Claims
Note: The amendment of April 20th 2026 has been considered.
Claims 1-12 are pending and examined in the current application.
Any rejections not recited below have been withdrawn.
Claim Rejections - 35 USC § 103
Applicant’s arguments, see “Remarks”, filed on April 20th 2026, with respect to the rejections of claims 1-12 under 35 USC §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made under 35 USC §103 in view of Kweldam et al., (USPatPub. 20110244090 A1) and NPL Lantheaume “Vacuum cooling: From field to table” (from Physics World Focus on: Instruments & Vacuum, August 2019) (see discussion, below)
The text of those sections of Title 35 of the U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-12 stand rejected under 35 U.S.C. 103 as being unpatentable over Kweldam et al., (USPatPub. 20110244090 A1) in view of NPL Lantheaume “Vacuum cooling: From field to table” (from Physics World Focus on: Instruments & Vacuum, August 2019).
Regarding claims 1 and 3-12: Kweldam discloses a method of making a meat substitute comprising a fibrous product, wherein the fibrous product is made by forming a homogenous mixture of protein material comprising milk protein material (e.g., curd from cheesemaking, cheese, powdered milk, micellar casein isolate, whey protein, or caseinate), a hydrocolloid which precipitates with metal cations (e.g., alginate), and water in the presence of a calcium complex-forming agent (e.g., phosphate material) at a temperature between 30°C and 90°C, adding a solution of a metal cation with a valency of at least 2 (e.g., an aqueous calcium chloride solution) to the mixture in order to form the fibrous product, isolating the fibrous product and vacuum packing the fibrous product (see Kwedam abstract; paragraphs [0010]-[0014], [0017]-[0028], [0034]-[0038], [0051]-[0068] and [0093]-[0094]). Given the fact the temperature of forming the homogenous mixture recited in claim 1 lies inside the temperature of forming the homogenous mixture in Kweldam, a prima facie case of obviousness exists. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to the vacuum cooling and the cooling temperature recited in claims 1 and 9: Kweldam fails to disclose vacuum cooling the meat substitute; However, Lantheaume discloses vacuum cooling is a quick method of cooling food products, which allows for the foods to stay fresh and reducing bacterial growth (see Lantheaume pages 12 and 14). Therefore, it would have been obvious to a skilled artisan at the time the application was filed to have modified Kweldam and to have vacuum cooled the final product in order to reduce bacterial growth/spoilage and maintain a fresh product, and thus arrive at the claimed limitations.
Regarding claim 2: While the rate of cooling the vacuum packed product is not recited in Kweldam in view of Lantheaume, Lantheaume discloses the cooling rate is adjusted to optimize the removal of uncondensed vapor and provide desired product (see Lantheaume from left column on page 12 to right column on page 14). Therefore, it would have been obvious to a skilled artisan at the time the application was filed to have modified Kweldam in view of Lantheaume and to have adjusted the cooling rate of the vacuum cooling to remove uncondensed vapor and attain desired product, and thus arrive at the claimed limitations.
Response to Arguments
Applicant’s arguments, see “Remarks”, filed on April 20th 2026, with respect to the rejections of claims 1-12 under 35 USC §103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made under 35 USC §103 in view of Kweldam et al., (USPatPub. 20110244090 A1) and NPL Lantheaume “Vacuum cooling: From field to table” (from Physics World Focus on: Instruments & Vacuum, August 2019) (see discussion, above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAF ZILBERING whose telephone number is (571)270-3029. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erik Kashnikow can be reached at (571) 270-3475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASSAF ZILBERING/Examiner, Art Unit 1792
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